Understanding California Lemon Law Claims
There are hundreds of “lemon law” attorneys in California. The vast majority of them will tell you the California lemon law only applies to “new” vehicles that have a defect, are covered by the manufacturer warranty, and have not been fixed after three to four repair attempts. However, the lemon law applies to any vehicle sold with a warranty – new, certified pre-owned, and even used vehicles that come with a 30-day dealer warranty.
At Auto Law Firm, PC, attorney Michael Klitzke and his legal team focus on auto law and lemon law claims. You can trust their knowledge and experience to help you obtain the justice you deserve.
What Is California’s Lemon Law?
California’s lemon law covers a wide range of vehicles, including cars, pickup trucks, vans, SUVs and motorcycles. It protects buyers and leasers when a new car has unrepairable mechanical problems.
Generally, you must show that you have made a reasonable number of repair attempts for the lemon law to apply. You must also show that:
- The problems the car has are covered under the manufacturer’s warranty
- The problems happened within the first 18 months or 18,000 miles
- The problems reduce the value, use or safety of the vehicle
- The problems were not caused by abuse or misuse
If you meet these requirements, you may be entitled to a refund or a replacement.
Breach Of Warranty Claims
Under California’s lemon law, there are a variety of breach of warranty claims that may apply depending on your circumstances.
Express Warranty Claims
The dealer/manufacturer fails to fix a defect under warranty after being given a reasonable opportunity to repair the vehicle. A reasonable opportunity could include three to four repair attempts, a single repair visit that exceeds 30 days, or where warranty repairs are refused. The remedy for these claims is a repurchase of the vehicle and may also include penalties.
Implied Warranty Of Fitness
If you told the dealer what your needs are and relied on the dealer to provide a vehicle that meets those needs, you could have an implied warranty of fitness claim. This issue often arises when consumers tell the dealer they need a truck that can tow a 6,000-pound trailer, and the dealer convinces them to purchase a vehicle that cannot tow that trailer. The remedy for an implied warranty claim is a repurchase of the vehicle.
Implied Warranty Of Merchantability
In order to be merchantable, a vehicle must meet all of these conditions:
- Pass without objection under the contract description
- Be fit for ordinary purposes
- Adequately contained, packaged, and labeled
- Conform to the representations on the container or label
The remedy for an implied warranty claim is a repurchase of the vehicle. Auto Law Firm, PC, can help you with these lemon law and breach of warranty type claims.
Do You Have A Lemon Law Case?
To determine if you have a potential lemon law case in California, consider the following:
- Vehicle type: The law covers new and used vehicles, including cars, trucks, SUVs and motorcycles, purchased or leased for personal or family use.
- Warranty coverage: Your vehicle must be under the manufacturer’s original warranty or a dealer’s warranty.
- Substantial defect: The vehicle must have a defect that substantially impairs its use, value or safety.
- Reasonable repair attempts: The manufacturer or dealer must have been given a reasonable number of attempts to fix the problem. This typically means:
- At least two attempts for a defect that could cause death or serious bodily injury
- At least four attempts for other defects
- The vehicle has been out of service for repairs for a total of 30 days or more
- Timing: Issues must generally arise within 18 months of delivery or 18,000 miles, whichever comes first.
If your situation meets these criteria, you may have a valid lemon law claim. However, each case is unique, and it’s best to consult with an experienced lemon law attorney to evaluate your specific circumstances.
Get Started On Your Claim Today
If you believe you have a lemon law claim, don’t hesitate to seek legal assistance. Auto Law Firm, PC, serves clients throughout California, including San Diego, Los Angeles and other regions across the state. To schedule a free consultation, call 619-878-7037 or fill out an online contact form. From its Escondido office location, the firm’s team can assist clients throughout California, including San Diego and Los Angeles.